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    <title>2026 (5) TMI 710 - CESTAT CHANDIGARH</title>
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    <description>Cenvat credit on duty-paid capital goods and inputs used to set up and operate a captive power plant was held admissible where the electricity generated was used in manufacturing dutiable final products. The fact that the plant became a fixed structure did not defeat credit, because the controlling test was use in the factory for manufacturing activity; arguments based on the plant&#039;s excisability and turnkey-project authorities were rejected. Where ER-1 returns disclosed the credit position and the demand arose from audit verification, no suppression or intent to evade was established, so extended limitation and penalty were also unavailable.</description>
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      <description>Cenvat credit on duty-paid capital goods and inputs used to set up and operate a captive power plant was held admissible where the electricity generated was used in manufacturing dutiable final products. The fact that the plant became a fixed structure did not defeat credit, because the controlling test was use in the factory for manufacturing activity; arguments based on the plant&#039;s excisability and turnkey-project authorities were rejected. Where ER-1 returns disclosed the credit position and the demand arose from audit verification, no suppression or intent to evade was established, so extended limitation and penalty were also unavailable.</description>
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